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Jurnal El-Thawalib
Published by Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan
ISSN : -     EISSN : 28287231     DOI : https://doi.org/10.24952/el-thawalib
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
Jurnal El Thawalib Journal focuses its study on issues related to Islamic law and society in Muslim and non-Muslim countries from various perspectives, both theoretically and practically. The primary objective of this journal is to serve as a medium for the communication of original research results and current issues in the field. This journal is open to contributions from researchers and academics in relevant scientific disciplines, such as Islamic family law (Ahwal Al Syaksiyyah), Islamic economic law (Muamalah), Islamic criminal law (Jinayah), Islamic constitutional law (Siyasah), and Quranic studies and interpretation.
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 265 Documents
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Check And Balance Dalam Sistem Pemerintahan Indonesia Adi Syaputra Sirait, Karina Romaliani & Muhammad Arsad Nasution &
Jurnal El-Thawalib Vol 2, No 1 (2021)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v2i1.3386

Abstract

As for the academic problem, it is wainting to know how checks and balances are in the Indonesian government system, whether checks and balances have been realized in the Indonesian government system. The purpose of this study is to determine the check and balance in the Indonesian government system in terms of Montesquei and the 1945 Constitution. The type of research used in this research is the type of normative research which collects data or scientific papers that are in accordance with the object of research pr collection of data in the form of literature (Library Research) or a study carried out to solve a problem which is basically based on critical and in depth study. Againts relevant library materials. The results of this study indicate that checks and balances in the Indonesian government are very important to avoid the concentration of power that can lead to arbitrariness, so it is necessary to share state power such as the Montesquei theory of trias politica and the 1945 Contitution also divides into three institutions of power but the 1945 Constitution explains that the Executive power is too large so that it can benefit anyone who holds the position of President. Check and balance in the Indonesian government system shows that it has not been fully implemented or materialized as seen from several cases raised in this thesis, namely the case of the KPK Bill, Perppu Number 1 of 2020 and the Omnibus Law Case Creation, there are still many discrepancies in stipulating the Bill, Perppu and the Law. So that in passing laws or stipulating the coordination between Executive, Legislative and Judiciary powers has not been well coordinated so that each bill or Perppu is not well systemized
Higgs Domino Island Ditinjau Dari Hukum Pidana Islam Fauzi, Mahmud; Harahap, Zul Anwar Ajim
Jurnal El-Thawalib Vol 3, No 2 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i2.5299

Abstract

This study discusses the Review of Islamic Criminal Law Against the Activities of Using the Higgs Domino Island Online Game which is a trend among today's society, the Higgs domino game is an online game that can generate cash by playing using chips as bets. Chip is a type of currency used in online games, and has a function as the value at stake in the Higgs Domino Island online game, so that with the element of betting, the author wants to examine how to use the Higgs Domino Island Online Game in SIhitang Village, Southeast Padangsidimpuan District, Padangsidimpuan City. , and how is the review of Islamic criminal law on the activity of using the Higgs Domino Island Online Game which aims to find out the law rather than the use of Higgs Domino Island according to Islamic criminal law. This game has a lot of impact on a person's lifestyle to make someone lazy to work and unproductive. Betting is included as one of the elements of gambling that can distract a person from remembering Allah swt and includes shaitanic acts, gambling is also an activity in which there are more harms than benefits. The gambling sanctions in Islamic criminal law are ta'zir sanctions whose determination is carried out by judges.
Pembuatan kasur Ditinjau Dari KHES Harahap, Junaidi; Siregar, Dame; harahap, Nurhotia
Jurnal El-Thawalib Vol 2, No 6 (2021)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v2i6.4786

Abstract

Muamalah is a rule that governs one’s relationship with other. In muamalah allah SWT makes rules sothat people help each other, exchange needs in all matters of interest of their lives, whether by of buying and selling, renting, farming, or other companies, both for their own benefit and for wefare general. In sosopan village, most of the residents are farmers, and some are entrepreneurs, tailor and others. The mattress tailor is one of the economic supports in this pandemic wich requires staying at home, the material used in sewing this matterss is cotten: in the process of sewing this matterss, the purity of the material is highly ecpected by the communityto produce good matterss stitches and are comfortable to wear. And every consumer or society who orders amatterss from a tailor is always accompanied  by a contract that the mattress that the customer or customer wants is purely cotton. This is where there tens to be a practice that is not in accordance with what has been agreed the begining, where the matterss tailor sells his clothes  mixed with the rest of the stitches of other clothes (paco-paco), there is always a mixture of leftovers from the sewing of clothes in the seams of the matterss, in the middle of the matterss is filled with paco-paco. This practice occurs because matterss maker want to take advantage of the result of their casual stitches, these matterss makers load the mixture (paco-paco) right in the middle of the matterss. Next matterss, without any agreement with the buyer. In terms of the price of a matterss that contains paco-paco, the price is the same as a pure cotton matterss. This type of research is a field research using a qualitative descriftive analysis method. The approach of this reseach is by means of observation, interviews, documentation based on the provisions of the applicable Syariah Economic Law Compilation, wich relates to the manufacture of mattersses in sosopan village, Sosopan District, Padang Lawas regency. The researchesrs examined were matterss makers, matterss buyer, religious leader and traditional figures 
Maqashid Ash-Sharia Principles In Child Protection Harahap, Riska Harnysah; Harahap, Risalan Basri
Jurnal El-Thawalib Vol 3, No 4 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i4.5945

Abstract

Maqashid Asy- Sharia aims to realize the benefit of man in the world and the hereafter. The principle of Maqashid Asy- Sharia consists of maintaining religion (hifzh al-din), nurturing the soul (hifzh al- nafs), Protection of reason (hifzh al-aql), nurturing offspring (Hifzh al-nasl) and maintaining property (hifz al-mal). The formulation of the problem from this study is how the concept of child protection in Law No. 35 of 2014 concerning Child Protection and How the principle of Maqashid Asy-Sharia in Law No. 35 of 2014 concerning Child Protection. The purpose of this study is to find out how the concept of protection of children in Law No. 35 of 2014 concerning Child Protection andTo find out how the principle of Maqashid Asy-Sharia in Law No. 35 of 2014 concerning Child Protection. The theory used in this study is a theory related to the principle of Maqashid Asy- Sharia in law no. 35 of 2014 concerning. Furthermore, the type of research used is library research, using a normative juridical approach.  The results of the research obtained, namely, freedom to practice religion, are contained in article 6 of Law No. 35 of 2014, namely that every child has the right to worship according to their religion, thinking, and expression in accordance with their level of intelligence and age under the guidance of parents or guardians.It is found in (hifzh al-din maintains Religion. Children are a generation that needs to be given religious education so that they have a basic foundation in everyday life. Childcare is contained in article 7 of Law No. 35 of 2014, namely parents and families are responsible for nurturing, maintaining, educating, and protecting children. It is called (hifzh al- nafs). The protection of education is contained in article 9 of Law No. 35 of 2014 concerning child protection, namely that every child has the right to obtain education and teaching in order to develop his personality and his level of intelligence with his interests and talents is hifzh al -aql.
Pelaksanaan Mediasi Hakim Mediator Di Pengadilan Agama Kota Padangsidempuan Ramadhan, Nispu; Sirait, Adi Syahputra
Jurnal El-Thawalib Vol 3, No 6 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i6.6663

Abstract

This study examines the implementation of mediator judge mediation at the Padangsidempuan City Religious Court. This type of research is field research with a qualitative approach, the primary data source comes from Mediator Judges at the Padangsidempuan City Religious Court, while the secondary data from researchers are official documents, legal books, both journals and articles related to this research. Data collection techniques in this study used observation, interviews and documentation. Data analysis techniques in this study used descriptive qualitative analysis techniques. The results of this study are the level of effectiveness of the efforts of mediator judges in reconciling divorce cases at the Padangsidempuan City Religious Court, which can be categorized as not maximally effective by looking at the number of divorces that have occurred at the Padangsidempuan City Religious Court. While the factors that influence it are internal factors: legal factors, namely because of the regulations governing mediation with a limited time, actors or law enforcement factors, namely the success of the mediator judge in carrying out his duties in terms of mentality and personality. The facility or facility factor is that the Padangsidempuan City Religious Court has a special mediation room provided, but the parties and the mediator judge have not been able to make optimal use of it. And external factors: customary factors and community factors, namely the litigant party submits his case to the court only to determine whether the divorce is valid or not.
Sanksi HukumTerhadap Pernikahan Melangkahi Dalam Adat Jawa Perspektif Hukum Islam Wahidah, Wahidah; Sirait, Adi Syahputra
Jurnal El-Thawalib Vol 5, No 1 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v5i1.11036

Abstract

The focus of this research is the legal sanction for overstepping marriage in Javanese custom from the Perspective of Islamic Law in Labuhan Labo Village, Padangsidimpuan Tenggara District. The research method used is field research with a qualitative approach. .primary data sources, namely research data sources obtained directly from the original source in the form of interviews with the village head, traditional leaders and the community who received the sanction, there were 9 couples in Labuhan Labo Village, while secondary data could be in the form of books, journals, .as well as other supporting sites or resources.data collection technique that is by doing 3 methods in this study, namely by way of interviews, observation, and documentation. .The data analysis technique in this study is descriptive qualitative.The results of this study indicate that the legal sanctions for Steps in Javanese marriages in Labuhan Labo Village, Padangsidimpuan Tenggara District, namely sengadek (a set of clothes), carry out these sanctions when surrendering. .Thus there is the word of Allah in Al-Qur'an Surah An-Nur 32-33 and as for the conditions for marriage in Islamic law there is no condition for marriage until it is permitted by his brother, but because in Javanese custom it is a condition for marriage when you want to step over your brother nya, then society.apply these rules.
Transaksi Bank Syariah Dengan Non Muslim Ditinjau Dari Hukum Ekonomi Syariah Khodijah, Siti; Hsb, Putra Halomoan; Lubis, Ihsan Helmi
Jurnal El-Thawalib Vol 6, No 2 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i2.15130

Abstract

This research examines the legal review of Islamic economic law regarding transactions between Islamic banks and non-Muslims in Pasar Sipirok village in South Tapanuli Regency. The background of this research is based on the observation that the cultural characteristics of Non-Muslims, which often include a lack of cooperation, along with the capitalist spirit commonly associated with Non-Muslims, should make conventional banks, which operate under a capitalist system, a promising investment avenue. However, in reality, a significant number of Non-Muslim customers are also interested in saving their funds in Islamic banking. In the Sipirok market village, the residents are not only Muslims but also non-Muslims. Among those who use Islamic banking services, there are 60 people, 10 of whom are non-Muslims. This research is a field study with a qualitative approach from the perspective of Islamic economic law. The data sources in this study consist of two types: primary data and secondary data sources. The data collection techniques in this research are observation, interviews, and documentation. The data analysis technique used by the researcher in this study is inductive qualitative analysis. The research findings indicate that the views of non-Muslims towards Bank Syariah Indonesia are very positive, as it is a bank that shows tolerance towards non-Muslim customers without discriminating based on religion. It represents an opportunity for growth, as the use of contracts from Bank Syariah Indonesia by non-Muslims can be seen as a chance to develop and understand Islamic financial principles. Non-Muslims experience the services and conveniences provided, so it is not surprising that some non-Muslims choose Islamic banks for their savings and other needs. There are three factors that attract non-Muslims in the village of Pasar Sipirok to use products from Bank Syariah Indonesia: promotion, service, and service reputation.
Praktik Jual Beli Getah Karet Ritonga, Maiyati; Hasibuan, Zulfan Efendi; Siregar, Sawaluddin
Jurnal El-Thawalib Vol 3, No 1 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i1.5082

Abstract

Buying and selling is exchanging maal (goods or property) with maal which is carried out in acertain way. Or exchange goods of value with the like in a legal way. In buying and selling, the seller must be honest, based on the desire that for others to get the goodness and happiness he wants.In the problem of buying and selling in tanjung marulak, where some rubber farmers sell rubber latex which is amixture of sand, wood, leaves into the rubber sap and this can damage the quality of the rubber sap.The main point of the problem in this study, the author is interested in triying to examine more deeply about how the practice of buying and selling rubber sap in Tanjung Marulak hamlet, Huta Godang Village, Kec. Sungai Kanan Kab.Labuhan Batu Selatan and how to review the compilation of syariah economic law on the sale and purchase of rubber latex in the hamlet of Tanjung Marulak.This study uses the field research method (field research) and is sourced from primary and secondary data. The data collection techniques used in this study were observation.And the results of the research that the practice of buying and selling rubber sap in tanjung marulak hamlet, huta godang village, kec sungai kanan kab. Labuhan batu selatan in the sale and purchase thereis a fraud comittied by the seller, this fraud has become a habit for some of the farmers, they mix rubber sap with sand, wood, leaves so that there are parties who feel disadvantaged, namely Tokesap, because mixing rubber sap can damage its quality and if sold the factory the price is cheaper and sometimes Toke dosen’t sell sap wich has a mixture of sand, wood,leaves. The sale and purchase of the latex when viewed from the perspective of the compilation of sharia economic law, the terms and conditions are valid, and in article 76 it has been explained in the section that “the goods being traded must be known by the buyer” but in the object of the sale and purchase there are parties who don’t know the object, this can be resulting in the loss of one of the parties, in buying and selling the perpetrator must know the principle of like and equal. Love the freedom of transactions.
Kelancaran Lalu Lintas di Kota Padangsidimpuan di Perspektif Fiqh Siyasah Justika, Justika; Siregar, Khoiruddin Manahan
Jurnal El-Thawalib Vol 3, No 5 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i5.6200

Abstract

This study discusses the role of the Padangsidimpuan City Transportation Service in Implementing Article 23 Paragraph 1 of Law Number 22 Year 2009 concerning Traffic Smoothness and Road Transportation. The background of this research is to analyze the role of the Padangsidimpuan City Transportation Service in Implementing Article 23 Paragraph 1 of Law No. 22 of 2009 concerning Traffic Smoothness and Road Transportation, as well as to find out the factors that the Transportation Office does in controlling traffic in Padangsidimpuan City when viewed from the perspective of the Department of Transportation. siyasa fiqh.This research was conducted from October 2021 to March 2022, located in Padang Matinggi, Simpang Silandit, Tugu Siborang, and Sadabuan. This research is a type of field research using qualitative methods (field research) to collect data in the field to obtain accurate information regarding the object under study. Collecting data in this study are interviews, observations or observations, and documentation. The parties studied are the Department of Transportation, Riders, Passengers, and the Community.The results showed that the implementation of Law No. 22 of 2009 article 23 paragraph 1 in the City of Padangsidimpuan concerning the Role of the Department of Transportation in Controlling the Smoothness of Traffic and Road Transportation has not been carried out optimally because of people's habits who do not obey the applicable regulations and do not consider it important to have the rule of law. The inhibiting factors for the implementation of Law Number 22 of 2009 Article 23 Paragraph 1 concerning the Role of the Department of Transportation in Controlling the Smoothness of Traffic and road transportation in the city of Padangsidimpuan are the lack of public awareness about the law, inadequate facilities such as traffic lights, road signs. traffic signs, lack of socialization to the community and lack of quality on the highway.
Strategi Pelayanan Kartu Tanda Penduduk Elektronik Di Kabupaten Padang Lawas Utara Harahap, Esmaitul Fitria; Gunawan, Syafri; Dalimunthe, Dermina
Jurnal El-Thawalib Vol 4, No 1 (2023)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v4i1.7873

Abstract

This study discusses the implementation of the electronic identity card service at the Department of Population and Civil Registration, North Padang Lawas Regency.  The method in this study uses a type of empirical normative research, namely an understanding of the law in terms of norms and the implementation of the rule of law in real behavior as a result of the application of legal norms, the approach taken by the researcher is the legal approach and the sociological legal approach, the data source used by the researcher is data  primary (obtained directly from the main source) secondary data (obtained from documents and books).  The data collection techniques carried out by researchers are observation (directly on the object of research), interviews (direct discussions with parties related to the research) and documentation (written or picture).  The data analysis technique used by the researcher is descriptive qualitative analysis, that is, efforts are made by working with data, organizing data, sorting it into manageable units, synthesizing it, looking for patterns, finding out what is important, what is learned, what is told to others.  The results showed that the implementation of the electronic identity card service for North Padang Lawas Regency was not in accordance with Law Number 25 of 2009 concerning Public Services.  And it should be carried out in accordance with a system where the public can obtain an e-KTP by inputting, processing and producing an e-KTP issuance output.  Supporting factors so that the implementation of the electronic identity card service runs well is the existence of an e-ID card, adequate budget and human resources so that the service can run smoothly.  And for the inhibiting factors, namely internet access that is less than optimal, the discipline of office employees who are still not punctual, inadequate facilities and infrastructure, completion times that are not as determined and also lack of public awareness.

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